Troy residents speak out against proposed Residential Occupancy Permit program

TROY -- Several residents showed up at Tuesday's workshop regarding the ordinance which would establish a Residential Occupancy Permit program, as many claim the city would be performing illegal searches on their properties and placing an undue burden on responsible landlords.

Many residents said they will refuse to let any code officer inspect their homes without consent from them or a warrant as many claimed the city was performing illegal search and seizures and violating their Fourth Amendment Rights. Many also complained the fees will turn people away from wanting to purchase property in the city.

There were also concerns the staffing in the Code Enforcement Department would not be adequate as former City Clerk Michelle Delair criticized the City Council and requested its members take more time to work on the legislation before implementing it.

"Take a realistic view at the process and the time involved," Delair said.

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Economic Development and Planning Commissioner Bill Dunne responded as he said staffing will be more than adequate and said Code Enforcement was well aware of the legislation since it has been involved in every step of the process. He also said the department will be updating the technology it uses by utilizing tablets in the field and an electronic database called CityView.

"We know this is going to be a lot of work and we fully understand and appreciate it," Dunne said. "The Inspection process will happen over two years."

Some still question whether two years would be enough time. There were also complaints the ordinance would be an illegal search and seizure of not just the properties they own but also that of their tenants.

Delaine Jones, who owns three rental units in the city, said the constitution allows people the right to be secure in their houses and claimed while the city said it is bringing their laws up to New York State regulations, nothing trumps the constitution.

"If you want to do this, do it right and do it legally," Jones said. "Troy should get its house in order before it comes into mine."

City Council Attorney Joe Liccardi was on hand and addressed the various comments that the ordinance would violate residents' Fourth Amendment rights. He said a warrant is meant to uncover criminal activity as opposed to what the ordinance's purpose is, which is to provide safety for tenants. He also made a comparison to someone having their vehicle inspected.

"The DMV can require you to bring your car to inspection to make sure your brakes are good, to make sure your car is safe," Liccardi said.

Other residents, such as Alice Rose, said the legislation will make things tough for landlords as it comes on the heels of the reassessment, which will force property taxes to go up for some property owners.

But one soon-to-be resident expressed support for the legislation as he said it could help those tenants who don't know they can call code when they have a negligent landlord. He understood the concerns expressed by many before him but said he would like to see things improve not just for tenants but landlords as well.

"Somewhere there is a transition to go from squalor in housing to everyone saying their landlord is a good landlord," David Kellogg said. "I see this as a potentially good thing if it is done properly."

Council members said the legislation will be voted on during Thursday's City Council Meeting but Councilwoman Nina Nichols, D-At Large, said they will have 48 hours to make any changes to the legislation.

Councilman Kevin McGrath, D-District 1, said the legislation is not meant to punish owner occupied properties, which are said to be exempt from the inspection, as well as two-family owner occupied homes, but said not all landlords are like the ones present at the meeting.

"You'd be surprised at what's out there," McGrath said. "The reality is, it's not safe."